Press Release
| June 22, 2010
Dewey & LeBoeuf Files Amicus Curiae Brief on Behalf of Mexico Challenging Arizona’s Immigration Statute
(New York, June 22, 2010) – Dewey & LeBoeuf LLP filed a brief on behalf of the Government of Mexico in the U.S. District Court for the District of Arizona in the case of Friendly House, et al. v. Michael B. Whiting, et al. supporting the lawsuit filed by a group of civil rights organizations challenging the constitutionality of Arizona's recent immigration statute, Senate Bill 1070 (SB 1070).
The law, which has been widely criticized by civil rights groups and others since its enactment, was enacted by Arizona, allegedly in response to its dissatisfaction with the lack of comprehensive federal legislation and action regarding immigration reform, especially as relevant to the impacts on Border States. In the view of many, SB 1070 addresses these issues in a dangerous and unconstitutional manner in several ways including making failure to carry immigration papers a separate state criminal offense. The law also compels local police, under the standards of reasonable suspicion and probable cause without appropriate, clear safeguards against racial-ethnic profiling, to investigate, detain and arrest, without a warrant, anyone suspected of being unlawfully present in the United States. Arizona has chosen not to avail itself of existing delegated authority from the federal government, with federal oversight and approval, to use current law to constitutionally assist in immigration enforcement.
The Government of Mexico has taken the position, as amicus curiae, that SB 1070 should be declared unconstitutional and not take effect. It also underscored its duty to protect its national interest and to ensure that their ethnic origin is not used as a criterion for discriminatory treatment. It also noted the adverse impact which SB 1070 could have on U.S.-Mexico bi-lateral relations if it is not declared invalid by the Court.
Dewey and LeBoeuf is representing the Government of Mexico in this matter on a pro bono basis. The co-authors of the brief are Partner, Henry Solano, and Associates -- Carla Gorniak and Christopher R. Clark.
Additionally, associates Virginia Medina and Lucericia Messiah, as well as summer associates Joel Acevedo, Jomaire Crawford and Michael Mix assisted with the research and preparation of the brief.
To view the amicus curiae brief, click here.
This memorandum is intended only as a general discussion of these issues. It is not considered to be legal advice. We would be pleased to provide additional details or advice about specific situations. For additional information on this important topic, please feel free to call upon your Dewey & LeBoeuf relationship partner. No part of this publication may be reproduced, in whole or in part, in any form, without our prior written consent.
For further information on Dewey & LeBoeuf, please visit www.dl.com. +1 888 532 6383